Code of Conduct and Other Ethical Rules

for Judicial Employees

Presented by:Robert Deyling

Office of General Counsel(202) 502-1858

Canon 2: A judicial employee should avoid impropriety and the appearance of impropriety in all activities

Canon 3: A judicial employee should adhere to appropriate standards in performing the duties of office

“Contemplation of Justice”

Canon 4: In engaging in outside activities, a judicial employee should avoid the risk of conflict with official duties, should avoid the appearance of impropriety, and should comply with disclosure requirements

Canon 5: A judicial employee should refrain from inappropriate political activity

The Four Cs

• Confidentiality• Conflicts• Community Participation• Caution

Confidentiality• Judicial employees should not:Comment publicly on merits of

pending or impending actionDisclose confidential information

received in course of official dutiesEmploy confidential information for

personal gain

Confidential information: Documents or information relating

to sealed case Case-related discussions with

judges and court staff Timing or content of court orders

not yet issued Personnel records or other personal

information about employees Other information not disclosed in

court records or proceedings and not otherwise available

ConflictsA conflict of interest arises when: Employee knows that he/she (or close

relative) might be personally or financially affected, or Reasonable person would question

employee’s ability to perform duties impartially

IF A CONFLICT ARISES: Promptly inform appointing

authorityObserve any restrictions

imposed

Watch out for special conflictsthat may affect chambers staff

Community ParticipationShould not: • detract from the dignity of the court• interfere with the performance of

official duties• adversely reflect on the operation and

dignity of the court or office thejudicial employee serves

Civic

Charitable

Religious

Professional

Educational

Cultural

Avocational

Social

Fraternal

Recreational

Speaking

Writing

Lecturing

Teaching

Subject to foregoing standards, judicial employees may participate in activities that are:

For example, Yes!Bar AssociationsFederalist Society and

American Constitution Society Volunteering in after-school programsActing as religious lay leader (deacon, board

member, etc.)

And, for example, No!Young Democrats or Young RepublicansBoard of local Legal Aid Society that litigates in federal court

If community participation concerns the law, the legal system, or the administration of justice, the judicial employee should first consult with the appointing authority.

Fundraising

Judicial employees may fundraise, as long as they:Do not use or permit use of the prestige

of officeDo not solicit subordinates (though may

provide info about a general campaign)Do not solicit from lawyers or persons likely to

come before the court

Practice of LawJudicial employees should not

practice law except they may:act pro seperform routine legal work

incident to personal affairs of employee or familyprovide pro bono legal

services in civil matters, subject to certain restrictions

CAUTION• Gifts• Online Activities• Political Activities

Under Judicial Conference Regulations, “gift” means any:

• gratuity • favor• discount • entertainment, or • similar item having monetary value

Social hospitality based on personal relationshipsModest items of food and

refreshments Rewards and prizes in public

contests or drawings Anything for which employee

pays market value Discounts that are not based

solely on court employment

But these are NOT “gifts”:

Gifts from whom?Do not solicit or accept gifts from anyone: Seeking official action from or doing business

with employee’s court or office

Whose interests may be substantially affectedby performance or nonperformance of official duties

And similar restrictions apply to acceptance by family members residing in your household

ONLINE ACTIVITIES• Blogs &Websites

• Facebook & Social Networking

• Twitter

(1) Does what I’m doing readily identify me with the court system?

4 Useful Questions

for Self-Monitoring Online

(2) Would my post reveal information about a case or confidential court information?

(3) Might my post reflect poorly on the court or voice an opinion about a controversial topic that may come before the court?

(4) Am I about to post pictures or make comments that may indirectly detract from the dignity of the court?

24

1) Introduction to Ethics Implications2) Social Media Primer3) Considerations for Development of

Guidelines4) Sample Provisions5) Examples of Existing Policies

Resource Packet for Developing Guidelines on Use of Social Media by Judicial Employees

25

• NOT a policy prescription; a starting point

• For more detailed guidance, see Advisory Opinion No. 112 “Use of Electronic Social Media by Judges and Judicial Employees”

Social Media “Resource Packet”

Political ActivitiesAll employees are permitted to: register and vote in primaries

and general elections express opinions privately

about political candidates or parties participate in nonpolitical

activities of civic, charitable, professional and other organizations

A judicial employee should refrain from partisan political activitynot act as a leader or hold any office in a partisan political organizationnot make speeches for or publicly endorse or oppose a partisan political organization or candidate not solicit funds for or contribute to a partisan political organization, candidate, or event

See Advisory Opinion 92

Partisan Political Activities

Non-partisan Political Activities

A judge’s personal staff and certain court executives may not participate in non-partisan political activities

Most other judicial employees mayparticipate in non-partisan political activities,

so long as the participation is notat the court on court timeusing court property and the employee abides by the general restrictions on community participation.

Political Activities and the Internet

Example: Would it be ok to post a Facebook profile picture where you are wearing a t-shirt for a political candidate?

Remember that your court (or your supervisor or appointing authority) may impose more stringent standards than in the Code and regulations.

Wrapping Up

Check with your supervisor if you have any questions!

Where can I go for further guidance on ethical issues?

• Code of Conduct for Judicial Employees• Pamphlet, “Getting it Right”• Ethics Regulations on Gifts and Outside Employment• Advisory Opinions• Compendium of Selected Opinions, summarizing published

and unpublished Committee advice

All available on:

J-Net under Resources: Ethics

Westlaw.com under the “Conduct” database

Ethics Resources